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Mohan Lal Versus Jaswindera Pal Singh

2016 (1) TMI 139 - PUNJAB AND HARYANA HIGH COURT

Rebuttal of presumption - Complaint u/s 138 of the Negotiable Instruments Act - Cheque Bounce due to payment stopped by drawer - discharge of liability - Held that:- during the cross-examination, the complainant has not given reply on so many material questions to know whether complainant was knowing the accused or not. Again, complainant is the resident of Sri Muktsar Sahib whereas the accused is resident of Sri Ganganagar. The defence version given by the accused is probable and rebuts the pre .....

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of 2 days in filing the application seeking leave to appeal, is condoned. CRM No.A-1390-MA of 2015 Applicant-Mohan Lal has filed this application under Section 378(4) Cr.P.C. seeking permission for leave to appeal against respondent Jaswindera Pal Singh, challenging the judgment dated 25.05.2015 passed by learned Judicial Magistrate Ist Class, Sri Muktsar Sahib, whereby the accused-respondent was acquitted. It is mainly stated in the application that accompanying appeal is likely to succeed on .....

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and accused were known to each other and having cordial relations. Accused had taken a loan of ₹ 7 lacs from the complainant and in order to discharge said liability, the accused issued one cheque bearing No.193244 dated 31.08.2012 amounting to ₹ 7 lacs drawn at State Bank of Bikaner and Jaipur, Beejanagar (Vijay Nagar), District Sri Ganganagar in favour of the complainant. When the said cheque was presented for encashment, the same was returned unpaid with the remarks 'payment s .....

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ent has been obtained at the time of advancing the loan of huge amount of ₹ 7 lacs. At the time of arguments, learned counsel for the applicant argued that applicant is a goldsmith and income tax payee but no income tax return has been produced in the Court to prove the transaction. Again, if the applicant is goldsmith then he might be maintaining the account books but no such account books have been produced in the Court to prove advancing of loan. The fact that amount of ₹ 7 lacs h .....

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he accused. As per the agreement, ₹ 3.5 lacs was given while executing the first agreement and ₹ 3.5 lacs while executing second agreement to Harish Chand, who is real brother of the complainant Mohan Lal. Three cheques amounting to ₹ 18,50,000/- were given as a security to Harish Chand. Cheque No.193245 dated 31.08.2012 of State Bank of Bikaner and Jaipur for ₹ 5 lacs in the name of Harish Kumar, cheque No.193244 dated 31.08.2012 of the same bank amounting to ₹ 7 l .....

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of affidavit in the presence of Bhupinder Singh and Vakil Singh. Before the execution of the sale deed, there was stay on the land and dispute arose and the sale deed was not got executed their being stay on the said land. Then accused asked for refund of the money from Harish Chand or to execute the sale deed in his favour. He neither returned money nor executed the sale deed and brother of Harish Chand filed a false complaint against the accused by misusing the cheque. In the defence, accused .....

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